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CDJ 2026 MHC 901
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| Court : High Court of Judicature at Madras |
| Case No : W.P. Nos. 47486, 47949, 47952, 42519 & 47627 of 2025 & W.P. No. 2801 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE |
| Parties : M/s. A B Grain Spirits Private Limited, Represented By Its Authorized Person, P. Murugaiyan, Haryana & Others Versus Union of India, Represented by The Chief Secretary To The Government, Puducherry & Others |
| Appearing Advocates : For the Appearing Parties: S. Raveekumar, Govt. Pleader, P.H. Arvindh Pandian, Senior Counsel, P.S. Raman Senior Counsel, M.L. Ramesh, Amrith Bhargav, Gautam S. Raman, Muthuchharan Sundresh, AR. Karthik Lakshmanan, Vikram Veerasamy, C. Kaveen, Advocates. |
| Date of Judgment : 30-01-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Judgment :- |
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(Prayer in WP No. 47486 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondent in granting license to commence the business of blending and bottling by the petitioner in at R.s. No 192/1 pt. 2, 3 and 4, Vadhanur Revenue Village P.S Palayam, Mannadipet Commune Panchayat, Puducherry 605 107, by considering their representation dated 10.09.2025.
In WP No. 47949 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the Respondents herein to pass appropriate final orders on the Petitioners representation dated 19.09.2025 pertaining to the issuance of Excise Licence pursuant to the Petitioners Application dated 29.04.2022 and consequently permit the Petitioner to commence operations.
In WP No. 47952 of 2025:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the Respondents herein to pass appropriate final orders on the Petitioner’s representation dated 19.09.2025 pertaining to the issuance of Excise Licence pursuant to the Petitioners Application dated 02.05.2022 and consequently permit the Petitioner to commence operations.
In WP No. 47627 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents to consider the petitioners application dated 13.06.2022 and representations dated 30.01.2024 and 08.09.2025 for grant of excise license and to direct the respondents to grant an excise license in favour of the petitioner under Rule 24 and 25 of the Puducherry Excise Rules 1970.
In WP No. 42519 of 2025: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents to pass appropriate orders on our representation dated 05.09.2025 in connection with the issuance of excise license in prescribed format in consonance with the in principle approval granted through memorandum dated 24.06.2022 bearing No. 200523 / DCE / IMFL / 2022-23 within the time frame that may be fixed by this Court.
In WP No. 2801 of 2026:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents to forthwith grant the licence to the petitioner Company under Rule 25 of the Puducherry Excise Rule 1970 on the basis of the representation submitted by the petitioner company on 09.01.2026 and in terms of the in - principle approval granted in favour of the petitioner, company on 01.06.2022 and extended on 1.07.2023 and 21.05.2024.)
Common Order:
1. These writ petitions have been filed by the respective petitioners seeking for grant of Excise License in favour of the respective petitioners under Rule 24 and 25 of the Puducherry Excise Rules, 1970, within the time frame to be fixed by this Court.
2. The respective petitioners had submitted the supporting documents before the respondents seeking for grant of Excise License in their favour for their beverages/bar/blending and bottling units located in Puducherry. Since the license was not granted to the respective petitioners as prayed for by them through their respective applications, they have filed these writ petitions.
3. The case of the respective petitioners in these writ petitions is that although in principle approval was granted by the Deputy Commissioner of Excise, Puducherry, for the grant of Excise License in favour of the respective petitioners, the final approval is yet to be granted. The petitioners claim that they have already invested huge sum of money on the project and they are suffering a major loss due to the inordinate delay in granting the Excise License.
4. The respective petitioners also claim that they have already obtained the requisite statutory approvals / clearances from all the statutory Authorities but despite the same, till date, they have not been granted the Excise License.
5. A counter has been filed by the 3rd respondent on behalf of all the respondents. In their counter, they have also disclosed the details of the procedure to be followed by any applicant seeking for Excise License for setting up beverages/bar/blending and bottling units in Puducherry. They have also stated that until a policy decision is taken by the Government to sanction grant of license to the respective petitioners, the respondents cannot directly grant / issue the Excise License.
6. According to the respondents, the particulars furnished by the respective petitioners along with their respective applications seeking for grant of Excise License are being scrutinised at present and the files are yet to be placed before the Government. They have also stated that the Deputy Commissioner, is yet to complete the verification of all specifications required under law and place the same before the Commissioner, who will either by himself or through some Authorized Officer inspect all the premises and verify the correctness of the records and thereafter forward the applications of the petitioners to the Lieutenant Governor along with the report of the Commissioner. The respondents states that the aforesaid process is likely to consume some time.
7. After giving due consideration to the contents of the counter affidavit filed by the respondents, this Court is of the considered view that, no prejudice will be caused to the respondents, if the petitioners’ respective applications seeking for grant of Excise License is considered on merits and in accordance with law, by the competent Authority who is empowered to issue the Excise License, within a time frame to be fixed by this Court.
8. Accordingly, considering the fact that the respective petitioners claim to have submitted all the requisite statutory clearances / approvals with the respondents in the year 2024 itself, necessarily, the competent Authority will have to pass final orders on the respective petitioners’ applications seeking for grant of Excise License expeditiously. Thus, this Court deems it fit to direct the competent Authority to pass final orders, within a period of ten (10) weeks from the date of receipt of a copy of this order.
9. For the foregoing reasons, these writ petitions are disposed of by directing the competent Authority for the State of Puducherry to pass final orders on the respective applications filed by the respective petitioners seeking for grant of Excise License for their respective beverages/bar/blending and bottling units within a period of ten (10) weeks from the date of receipt of a copy of this order.
10. With the aforesaid directions, these writ petitions are disposed of. No costs.
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